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2001 Supreme(Mad) 867

K.SAMPATH
The Director, Department of Animal Husbandry, Madras and others – Appellant
Versus
A. Kaliyamurthy, retired Animal Husbandry Assistant, Konerirajapuram, Thanjavur – Respondent


Advocates:
S.T.S.Murthy, Special Government Pleader (CS), for Appellants.
B.Mothilal Jain, for Respondent.

ORDER: The defendants in O.S. No.728 of 1984 on the file of the learned District Munsif, Mayiladuthurai, are the appellants in the second appeal. The respondent herein filed the suit against them for declaration that his date of birth was 26.10.1927 and for a consequential permanent injunction restraining the defendants from giving effect to their order Na.Ka.No.3517-B of 1984 dated 24.10.1984.

2. His case was as follows: He joined the services of Animal Husbandry Department in the year 1943 as a temporary Assistant. At the time of his joining duty, he had given his date of birth approximately as 26.10.1924. The same was recorded in his service register. He became a permanent employee on 15.4.1972 and when the defendants wanted the plaintiff to give his date of birth, he gave it as 26.10.1927 and as per this declaration, his date of birth was recorded as 26.10.1927. However, the defendants took the date of birth given in 1943 as the correct date of birth and on that basis, had passed orders directing the plaintiff to retire from service on 31.10.1984. Though the plaintiff has sent an application to the defendants stating that his date of birth was 26.10.1927 as recorded in the perma































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